What Is Bail?
The Basics- Understanding Bail in Pennsylvania: How It Works and Why It Matters
For many defendants, one of the first questions they (and their loved ones) have after being arrested is: “Am I going to be in jail until my trial? How can I get out of jail?” The answer to their question, in a word, is bail. But what is bail?
What Is Bail and Why Does It Exist?
Bail is a fancy word for the measures taken to ensure a person charged of a crime will show up to their other court dates. It’s not meant to punish —in fact bail is part of the Pennsylvania Constitution! In other words, bail is part of your constitutional rights. Specifically, the Pennsylvania Constitution guarantees that “all prisoners shall be bailable by sufficient sureties” (though there are very limited exceptions such as in cases like capital offenses or crimes punishable by life in prison).
The goal of bail is simple: balance the presumption of innocence with public safety and court attendance.
Who Decides Bail and When?
In the first instance bail is almost always set at preliminary arraignment or bail hearing in front of a Magisterial District Judge (MDJ), shortly after an arrest. Most often, this is one of the first things that happens in a criminal case.
When setting bail, the judge considers factors like:
The severity of the charges
Criminal history
Community ties (family, job, housing)
Flight risk (how likely someone is to run away)
Ability to pay
Types of Bail in Pennsylvania
Pennsylvania offers multiple ways to secure release before trial—some of which do not involve monetary conditions (i.e. do not involve money):
✅ 1. Release on Recognizance (ROR)
You’re released with a promise to appear in court. No money involved. This is common for first time offenders with low level offenses.
✅ 2. Non-Monetary Conditions
You may be released under conditions like drug testing, counseling, or travel restrictions. Ordinarily this will required the accused to report to probation and adult services.
✅ 3. Unsecured Bail
Unsecured bails involves the MDJ setting a monetary amount, but you will pay only if you fail to appear in court.
✅ 4. Monetary Bail (Cash Bail)
Monetary bail involves paying a sum of money upfront or offering collateral. The amount is supposed to be reasonable—not so high that it keeps you locked up. Ordinarily, monetary bail is reserved for high level offenses, such as felonies.
Conditions of Release
It is important to note that just because someone is out on bail, that doesn’t mean there are no other conditions. Pennsylvania law requires defendants to:
✔ Show up for all subsequent court appearances
✔ Follow any court orders (this will often include not contacting any witnesses to a case)
✔ Notify authorities of any address change within 48 hours
✔ Avoid new crimes
Judges have a large amount of discretion to apply conditions of bail, especially if needed for safety or compliance.
What Happens If You Violate Bail?
If you skip court or break conditions, your bail can be forfeited, meaning you lose the money or bond. Additionally, if the reason your bail was forfeited is because you failed to appear for court, a judge may issue a Capias warrant, which could result in your arrest.
